United States: DHS Confirms 2023 TPS Designation for Venezuela Will Terminate on April 7
February 5, 2025
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At a glance
- After April 7, 2025, those with Temporary Protected Status (TPS) under the 2023 Venezuela designation will lose TPS protection and related benefits, including work authorization.
- The termination date was confirmed in the Department of Homeland Security’s (DHS) official notice of termination, which was published in today’s Federal Register.
- Those who are registered under the 2021 Venezuela TPS designation will maintain TPS protection through at least September 10, 2025.
The issue
The 2023 Temporary Protected Status (TPS) designation for Venezuela will terminate on April 7, 2025 at 11:59 pm local time, according to the official Department of Homeland Security notice published in today’s Federal Register. Under the notice, TPS beneficiaries who registered only under the 2023 Venezuela designation will no longer have TPS protection from removal after April 7, and their TPS-related employment authorization and related documents will no longer be valid. An advance copy of the notice had been made available earlier this week, but the precise termination date was not known.
Background on termination of the 2023 designation
Last week, Secretary of Homeland Security Kristi Noem vacated a January 17, 2025 Federal Register notice that had extended Temporary Protected Status (TPS) for Venezuela through October 2, 2026. Secretary Noem’s action returned the 2021 and 2023 Venezuela TPS designations to their prior expiration dates.
Following Secretary Noem’s vacatur, the expiration date for the 2023 designation reverted to April 2, 2025, and DHS was required to determine whether to extend the designation by Saturday, February 1, 2025. An announcement on the USCIS website states that Secretary Noem made a decision to terminate the 2023 TPS designation for Venezuela on February 1.
2021 Venezuela TPS designation remains valid for now
TPS will remain valid for current beneficiaries of the 2021 Venezuela TPS designation through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS decides to terminate the designation by that date, the termination cannot take effect earlier than 60 days after the termination notice is published (and not earlier than September 10). According to DHS, if a determination is not made by that date, a six-month extension of the designation would apply.
DHS also stated that for any 2021 Venezuela TPS registrants who chose to register under the 2023 designation – as they were permitted to do under the now-vacated Venezuela TPS extension notice – the agency will restore their 2021 designation, and they will be subject to the 2021 designation validity dates.
Looking ahead
The vacatur of the Biden Administration’s extension of TPS for Venezuela and the Trump Administration’s decision to terminate the designation is expected to be challenged in court. Among other issues, there is some question whether DHS issued its notice of termination in a timely manner, since it was announced less than 60 days before the TPS designation end date, contrary to regulation.
Current beneficiaries of the 2023 TPS designation may wish to seek immigration counsel to determine whether there are other available immigration pathways for remaining in the United States and obtaining work authorization after April 7, in the event that the vacatur and termination are not blocked by a federal court.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
